can an canadian citizen file a spouse living in usa illegally?

[frankomega]

And why didn't they mansion it in my student visa application

 

[scylla]

And why didn't they mansion it in my student visa application

They didn't catch your lie because the background / security checks aren't as thorough as they are for PR.

 

[canuck_in_uk]

Now I get it I didn't know, so please what so I do to avoid the 5 years ban. Am really confuse now .

There isn't really anything you can do. If you lie in the PR app, you will be caught and banned for that. If you tell the truth, you will likely be caught and banned for lying the the study permit app.

 

[frankomega]

Thanks for your advise

 

[maryberry]

Speaking here from experience. I was in the same boat, my husband was illegal in the USA with two deportations prior. We had been living like this for about 12 years. We decided to move to Canada because we were risking breaking our family apart if he got caught again. I had the same concerns about if that would affect our case and also were scared to submit for the FBI. In the end, we did get approved for permanent residence thru the skilled worker ( I am a nurse) and thus he and our children got residence as well. The FBI records are not linked to immigration, like they wont send his enquiry to them. But the file they sent us did show that he was detained twice and deported.

Our process took 3 years, it may be faster now and it is different I guess if you apply as family sponsorship. I did the skilled worker program. Now we have been in Canada for 2 years. Also, we had children when I applied, husband had a clean record besides the deportations which were not because of anything criminal, just bad luck with minor traffic stops. So I guess that helped that we were a stable couple with children already.

As far as an interview, we were so lucky that it was waived. Because otherwise it would have been a problem as he would have to go back to country and would not be able to return to us. So God blessed us with that.

Also although we applied from within the USA, his file got transferred to Mexico because of his citizenship. But actually first it was in Los Angeles but because of a backlog they transferred to Mexico.

Hope this help someone, when I was looking into finding if this was an issue I could not find any help. So I hope this can be motivation for someone in my same situation.

Hey Tipisqueen, can I talk to you more about this if you have time? I might be in a similar situation as you and I can really use some insights. Thank you!

 

[lile92]

USA will be his point of entry. There's no need to return to his home country.

Congrats.

Hello,
I have a similar case, and I was wondering if after being in the U.S. illegally, and get a PR in Canada can you come back to the U.S. with your new Canadian passport to visit, or you still have to wait for the 10 years bar for overstaying in the U.S.?
Thank you!

 

[scylla]

Hello,
I have a similar case, and I was wondering if after being in the U.S. illegally, and get a PR in Canada can you come back to the U.S. with your new Canadian passport to visit, or you still have to wait for the 10 years bar for overstaying in the U.S.?
Thank you!

No - you cannot return to the US. You have to wait 10 years before returning to the US. It doesn't matter if you become a PR or even a Canadian citizen. You are still banned for 10 years and cannot re-enter for that period of time. If you try to return before the 10 years are over, it's quite possible you may be detained (i.e. put in jail for a period of time by US authorities) and your ban will increase to 20 years.

 

[Regina]

Is there anyway for him to get a Canadian or American citizenship"
==============
Before getting citizenship a person must get permanent residency (in USA OR in Canada)/
I would start with getting passport of his homeland.

 

[scylla]

Hello, I was reading this forum and thought this would be the best place to ask.
So, I've been dating my boyfriend for about 5-6 years now. Unfortunately he is an immigrant in the states, his parents had illegally come into the country when their kids were still around 6 years old. They never tried to fully help their children get their citizenship or even get started on them.
Two of my boyfriend's sisters' have gotten married with American citizens. The bad part is I have a Canadian citizenship, and have no idea if the best idea is for me to get a citizenship or him to try.
He only has a birth certificate available, his family lost his old passport. He's gone to school in the states and is about age 26.
Is there anyway for him to get a Canadian or American citizenship without being sent back to his home country? He basically doesn't have anything back in the Philippines and would be stuck there with no money or home to stay.
Please please help, I'm so lost and I really love him.
We were planning to get married but I thought it was better to wait until we get ourselves situated.

You need to get married and he needs to obtain a valid passport from the Philippines in order for you to be able to sponsor him for Canadian permanent residency.

In order for him to qualify for a green card, he would need to marry and be sponsored by an American.

 

[scylla]

His family lost his passport from the Philippines is there any way to get a new one?
And is my best bet to become a American citizen myself then? If possible getting dual citizenship was what I was going to go for.
If we were to get married, I would end up having to do it there in the US, will that effect any processes?

You can't get American citizenship directly. You would have to get a green card first. This is by no means easy. It takes sponsorship from an employer and often takes years - if it's even possible. I don't see this as being a realistic plan.

Yes - if you get married you would need to do that in the US. He won't be granted a visitor visa to Canada since he's in the US illegally.

He'll need to research the process of obtaining a passport from the US.

 

[Miraclejj]

He's told me that he already went to try to get a passport and was denied. Due to not having his old passport with him. Is there any other way?
He only has his birth certificate

TBH, no, there is no other way around. He has to have a valid passport or any government issued travel documents, in order to obtaining PR of Canada. The other possible way is to ask him to go back to Philippines, and obtain a passport there. I mean even he didn't remember the number of his old passport, but he is in the system. And with his birth certificate, it should be easy for Philippines government to verify and renew him a new valid passport. Anyhow, due to his immigration history in US, there is a big chance that he will be asked for an interview in Philippines, and he has to go back to Philippines to attend the interview, upon the interview request. If you really want to sponsor him to Canada, most likely he will go back to Philippines anyway, why not just go back now to obtain his passport?

 

[scylla]

He's told me that he already went to try to get a passport and was denied. Due to not having his old passport with him. Is there any other way?
He only has his birth certificate

No - there is no other way. As explained by the poster above - a passport is mandatory.

He will have to find a way to obtain a valid passport from the Philippines if you want to sponsor him and he wants to come to Canada. This may mean he has to return to the Philippines and reside there for some time if he cannot renew his passport while in the US.

 

[scylla]

The big problem is he's too scared to go back to Philippines in fear that he would be stuck there with nothing.
I know if I tell him, he'd honestly say no because to him it's a big risk.
Im p

In that case he really needs to focus on seeing what he can do to renew his passport while in the US.

Also, he should be aware that if he's successful in renewing his passport and becoming a PR of Canada, he'll be banned from the US for 10 years as soon as he leaves the country and won't be able to return or visit the US for a decade. If he has family there - that's something he might want to consider.

 

[scylla]

What do you think is a more possible route, him trying to get himself a citizen in America or trying to get him a Canadian citizenship?

Canadian.

To the best of my knowledge, his only path to US citizenship is through marrying an American. You're not American, so I don't see how this will be possible.

 

[Miraclejj]

The big problem is he's too scared to go back to Philippines in fear that he would be stuck there with nothing.
I know if I tell him, he'd honestly say no because to him it's a big risk.
Im p

Then you should be honest to him as well to just tell him to forget the route to be a PR of Canada.